ABDULLAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

ABDULLAH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Because the applicant voluntarily applied to withdraw his application for leave and there was nothing outstanding in the action, the correct procedural disposition was to dismiss the application for leave rather than to leave the action at large, following the authority of Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Citation
[2023] HKCFI 1159
Parties
Applicant: Abdullah; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2023
Case Number
HCAL477/2022
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Application for Leave (dismissed)
Outcome
Leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Judicial Review, Leave to Apply, Withdrawal of Proceedings, Dismissal
Source Language
EN
Constitutional and Administrative Law Immigration Law Refugee and Asylum Law Non Refoulement Judicial Review Leave to Apply Withdrawal of Proceedings Dismissal

Case Brief

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Parties

Abdullah

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Application for Leave (dismissed)

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted in respect of the Board's decision rejecting a non-refoulement claim
  2. 2 Whether the applicant's application should be dismissed where he seeks to withdraw his application for leave because he no longer faces danger and wishes to return to his country

Ratio Decidendi

Because the applicant voluntarily applied to withdraw his application for leave and there was nothing outstanding in the action, the correct procedural disposition was to dismiss the application for leave rather than to leave the action at large, following the authority of Re Manik Md Mahamudun Nabi [2022] HKCA 471.

Court Disposition

Leave to apply for judicial review dismissed.

Orders

  • Leave to apply for judicial review is dismissed.